Posted by Vine Management Team | April 7, 2025

Managing a Florida homeowners association requires careful navigation of state laws, particularly when it comes to rule enforcement. One of the most misunderstood aspects of HOA governance is the role and legal requirements of fining committees. These committees serve as an essential check and balance in the enforcement process, but failing to follow proper procedures can render fines unenforceable and create unnecessary community conflict.

With the passage of House Bill 1203 in 2024, Florida has implemented significant changes to HOA fining procedures that took effect July 1, 2024, with additional requirements starting January 1, 2025. These changes aim to increase transparency, fairness, and due process for homeowners while providing clearer guidelines for associations. All Florida HOAs must understand and adapt to these new legal requirements.

Florida's Homeowners' Association Act (Chapter 720, Florida Statutes) establishes specific requirements for HOA fining committees. These requirements aren't optional suggestions—they're legal mandates that associations must follow for fines to be valid and enforceable.

• Committee Composition: A fining committee must consist of at least three members who are NOT board members, officers, employees of the association, or relatives of these individuals.
• Maximum Fine Amounts: Fines cannot exceed $100 per violation (or per day for continuing violations) with a cap of $1,000 in total unless governing documents allow higher amounts.
• No Liens for Small Fines: Fines under $1,000 cannot become a lien against the property or lead to foreclosure.
• 14-Day Notice Requirement: Owners must receive at least 14 days' written notice before any hearing that could result in a fine.
• Committee Approval Required: The board proposes fines, but the independent committee must approve them before they can be imposed. If the committee doesn't approve, the fine cannot be levied.
• Mandatory Hearings: As of October 2023, hearings must be held whether the owner attends or not.

House Bill 1203, signed by Governor DeSantis and effective July 1, 2024, has introduced several significant changes to the HOA fining process. These updates enhance homeowner protections while providing more structured procedures for associations to follow:

1. 90-Day Hearing Timeframe: Fining committee hearings must be held within 90 days after issuing the notice to the homeowner Effective July 1, 2024, the hearing must be held within 90 days after the issuance of the notice.
2. Remote Participation Options: The law now explicitly permits fining committees to hold hearings by telephone or other electronic means, increasing accessibility for homeowners HB1203 now clarifies that the committee may hold the hearing by telephone or other electronic means.
3. Detailed Violation Notices: Hearing notices must include a description of the alleged violation, the specific action required to cure it (if applicable), and complete hearing details including access information for remote participation the notice of the fine or suspension sent by the association must include a description of the alleged violation; the specific action required to cure the violation, if applicable; and the hearing date, location, and access information if the hearing is being help by telephone or other electronic means.
4. No Fines for Cured Violations: If a homeowner cures the violation before the hearing or as specified in the written notice, no fine or suspension may be imposed if a violation has been cured before the hearing or in the manner specified in the written notice, the fine or suspension may not be imposed.
5. Extended Payment Deadlines: The due date for any approved fine must be at least 30 days after delivery of the written notice following the hearing the "due date" must be at least thirty (30) days after the delivery of the written notice following the hearing.
6. Attorney Fee Protections: Attorney fees and costs related to fines cannot be assessed against homeowners until after the payment due date Attorney fees and costs may not be awarded against an owner based on any action taken by the board before the "due date" of the fine.
7. Written Decision Requirement: Within seven days after the hearing, the committee must provide written notice to the homeowner detailing its findings, any approved fines or suspensions, how to cure the violation, and the payment deadline within seven (7) days after the hearing, the committee must provide written notice to the parcel owner, and if applicable to any occupant, licensee, or invitee, the committee's findings related to the violation
8. Restrictions on Certain Fines: HOAs may not levy fines for leaving garbage receptacles at the curb within 24 hours before or after collection day homeowners' associations may not levy fines or impose a suspension for any of the following actions: Leaving garbage receptacles at the curb or end of the driveway within 24 hours before or after the designated garbage collection day

For larger communities, additional transparency requirements take effect in 2025:

1. Digital Records Access: HOAs with 100 or more parcels must maintain a website or mobile app with digital copies of official records As of January 1, 2025, all HOAs that contain 100 parcels or more must maintain a website and host digital copies of most of the association's official records, including notices of meetings.
2. Record Retention: Official records must be maintained for at least seven years unless governing documents require a longer period Specific Official Records must be maintained for at least seven years, unless the governing documents of the association require a longer period of time.

Implementing these legal requirements effectively requires thoughtful processes and procedures:

Ensure your HOA's bylaws or declarations authorize the imposition of fines and reflect current Florida law. If your documents are outdated, consult with an association attorney about amendments or policy resolutions to align with Chapter 720.

Look for community members who can be fair and impartial. The board should formally appoint these members during a board meeting and consider maintaining alternate members for cases where a committee member might have a conflict of interest.

While not strictly required by statute, it's wise to send an initial violation notice or warning letter with an opportunity to cure before proceeding to a fine. This approach often resolves issues without the need for formal hearings.

When scheduling a fining committee hearing, your notice should include:

• Date, time, and location of the hearing
• Description of the alleged violation
• Amount of the proposed fine
• Action needed to cure the violation
• Statement that the owner has the right to attend and present evidence
• Access information if the hearing will be held remotely
• A reminder that if the violation is cured before the hearing, no fine can be imposed

Florida law now explicitly permits owners to attend hearings via telephone or video conference. Offering this option can increase participation and demonstrates flexibility.

Structure hearings to give both sides a fair opportunity to present their case:

• Have a board member or manager present the violation and evidence
• Allow the homeowner to respond
• Let committee members ask questions
• Ensure all parties remain respectful
• Document attendance and proceedings

After presentations, the committee should deliberate and vote. Their decision must be clearly recorded, and a majority must vote to approve for a fine to stand. If the committee does not approve, the fine cannot be imposed.

Following the hearing, send written notice of the committee's decision within seven days, as now required by law. If a fine was approved, include:

• The committee's findings related to the violation
• The amount of the fine
• The due date (which must be at least 30 days after delivery of the written notice)
• How the owner can pay
• What must be done to cure the violation
• Information about any approved suspensions of rights

Even well-meaning HOAs can make procedural errors that invalidate fines. Watch out for:

1. Skipping the hearing process or not holding it within the required 90-day timeframe
2. Improper committee composition with board members or relatives
3. Inadequate notice details lacking violation descriptions or cure instructions
4. Not allowing owners to participate remotely when requested
5. Board pressure on committee decisions
6. Imposing fines for violations that were cured before the hearing
7. Setting payment deadlines sooner than 30 days after the written decision notice
8. Failing to provide written findings within 7 days after the hearing
9. Fining for newly prohibited items like garbage cans within 24 hours of collection
10. Attempting to collect attorney fees before the payment due date
11. Poor recordkeeping that leaves the association vulnerable in disputes

A well-run fining committee balances the association's need to uphold community standards with homeowners' rights to due process. By following Florida's legal requirements and implementing best practices, HOAs can enforce rules effectively while maintaining community harmony.

The 2024 legislative changes reflect Florida's commitment to ensuring fairness, transparency, and due process in HOA governance. These new provisions give homeowners additional protections while providing associations with clearer guidelines for enforcement procedures.

For HOA board members and property managers, staying updated on these legislative changes is essential. The increased requirements for written notifications, extended timeframes, and digital records management may require adapting your association's procedures and potentially updating your governing documents.

Remember that the goal of the fining process should be compliance, not punishment. With proper procedures and a commitment to fairness, HOA boards can use fines as a tool to maintain the community standards that preserve property values and quality of life for all residents.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. HOA boards should consult with a qualified attorney regarding specific situations. Florida HOA laws continue to evolve, and this article reflects information available as of April 2025.

• Florida Statutes Chapter 720 - The complete text of Florida's Homeowners' Association Act
• House Bill 1203 (2024) - Full text of the recent legislation affecting HOA fining procedures
• Florida DBPR Division of Condominiums, Timeshares and Mobile Homes - State regulatory agency resources

Vine Management specializes in professional association management throughout Florida. Need help implementing compliant fining procedures? Contact us at info@vinemgt.com or call (352) 286-8603.